Rt. Hon. Sir William Osborne [8th Baronet Bullyntaylor]-367
Inherited the Baronetcy on the death of his father in 1743.
100. High Sheriff William Christmas [MP]-364
Was first of Ballerster, Cy Waterford, Ireland. Inherited Whitfield Court from his brother in 1749. In 1775, listed as one of the two richest untitled landowners in the county. Member of Parliament for Kilmallock, Ireland
From Marion Achurch: Add*****William married Elizabeth Ludlow born 1733 of Dublin, Co. Dublin, Ireland. Eliz. Ludlow's father was William Ludlow (1691-1737) of Dublin. Her paternal grandparents were Stephen Ludlow (1650-1720 of Dublin) who married about 1674 Alice Lochard (1653-1725). Her mother was Catherine Stopford b.1705 of Kilbride, Wicklow, Ireland. Her maternal grandparents were James Stopford (1672-?)of Meath, Ireland, who married about 1699 Frances Jones (b. about 1678) of Dublin.*****
125. Col. William Christmas [MP]-1203
Add****That he was a Lieutenant Colonel with the 18th light dragoons and died in action probably about 1795. No issue.****
From John Young - you need to add: daughter of Sheriff Robert III CAREW, M.P., J.P. and Elizabeth SHAPLAND (CHAPLAIN) Of, Ballyboro, Cy Wexford, Ireland
110. Edward Smith-3031
From: "Devon Record Office Mailbox" <DevRec@devon.gov.uk> To: "'Susanne Christmas'" Sent: Friday, January 16, 2004 1:15 PM Subject: RE: children of Edward Smith and Judith his wife Thank you for your email about the baptisms of the Smith children at Bideford. It is a good idea to check entries found in the IGI for Devon because they were taken from transcripts made by the Devon and Cornwall Record Society, some of which do contain errors. I found all the entries you listed for the baptisms of Elisabeth, John, Thomas, James, William and Daniel. The only addition is that the entry for Thomas states that he was the son of Mr Edward Smith and Judith his wife, implying that Edward was a man of some social status in the town. If you would like print-outs of any of these entries, the cost is £1.20 each plus postage. Mrs Susan M. Laithwaite Archivist Devon Record Office Castle Street Exeter EX4 3PUReceived from Susanne Christmas
(1)
This is the last will and Testament of me Edward Smith of Bideford in the county of Devon Merchant First I give unto my dear wife Judith Rebecca Smith all that my Messuage and Tenement with the appurtenances called or known by the name of Pine’s Dean situate lying and being in the parish of West Down in the said county of Devon of which I am seized in fee subject to the Estate which William Strange of Bideford aforesaid Gentleman hath therein for his life and from and after the deceased of them the said William Strange and Judith Rebecca my wife I hereby declare that the same Messuage and Tenement shall descend and come unto my eldest son John Christmas Smith according to the law of Descents but I make this declaration that he may thank me the same as if I had specifically devised it to him as I have power to do and the more so as by my not so doing under any particular Intail, he now will as I intend he shall have the whole dominion thereof to dispose of as he shall think fit and I also forgive him my said son John Christmas a Bond debt of six hundred pounds which he owes me with all interest that is or may be claimed to be due thereon at my death and I hereby direct my executors to deliver up the said bond unto my said son immediately after my death to be Cancelled on his Executing a Release to my executors hereinafter named of all his share or claim to all and every such sum or sums of money that he can or may have or makes by virtue of the articles or settlement executed by me and my said wife previous to our intermarriage also I give devise and bequeath all that my Messuage or dwelling house lying at or near the end of Castle Lane in the Town of Barnstaple in the County aforesaid and now in the possession of my tenant John Knill unto my son Thomas his heirs and assigns forever also I give and bequeath unto my son William all that my dwelling house with the appurtenances thereto belonging lying in the High Street of the Town of Barnstaple aforesaid wherein my late uncle John Christmas deceased did live but now in the possession of Thomas Hole Gentleman To have and to hold the said dwelling house last mentioned with the appurtenances unto my said son William his executors administrators and assigns for and during the Rest residue and Remainder of the Term or Terms of years and Estate which I have therein and shall be at the time of my death to come and unexpired under and subject to the Rent Reservations covenants and agreements reserved and contained in the original lease or leases thereof and to such Estate as the said William Strange hath therein also I give unto my very good friend Thomas Hogg of Northam in the said county Merchant and my said dear wife Judith Rebecca Smith and their heirs All that my Messuage and Tenement with the appurtenances called or known by the name of Perrins Dean situate lying and being within the said parish of West Down subject also to the Estate which the said William Strange hath therein for his life To have and to hold the said Messuage and Tenement called Perrins Dean with the appurtenances (subject to such Estate of the said William Strange therein aforesaid)
unto the said Thomas Hogg and Judith Rebecca Smith their heirs and assigns To and for the several uses Trusts aids and purposes and subject to the provisoes and declarations hereinafter mentioned and Expressed
that is to say , To the use and behoof of her my said wife Judith Rebecca and her assigns for and during the term of ninety nine years if she shall so long happen to live without impeachment of or for any manner
of waste and from and after the decease of her my said wife To the use and behoof of my said son John Christmas Smith and his assigns for and during the term of his natural life without impeachment
of or for any manner of waste and from and after the determination of that Estate by forfeiture or other wise To the use and behoof of the said Thomas Hogg and his heirs during the natural life of
my said son John Christmas Upon Trust to preserve the contingent uses and Estates hereinafter limited from being defeated and destroyed and for that purpose to make entrys and bring actions
as the case shall require but nevertheless to permit and suffer my said son John Christmas to receive to his own use the Rents and Profits of the said premises during his natural life and from and after
his death To the use and behoof of the first son of the Body of my said son John Christmas lawfully begotten or to be begotten and to the heirs Male of the Body of such first son lawfully issuing and for default
of such issue To the use and behoof of the second son of the Body of my said son John Christmas lawfully begotten or too be begotten and to the heirs Male of the Body of such second son lawfully issuing and for
default of such issue To the use and behoof of the third fourth fifth sixth and all and every other son and sons of the Body of my said son John Christmas lawfully begotten severally successively and
in remainder one after the other as they and every of them shall be in Seniority of age and Priority of Birth and to the heirs Male of the Body and Bodys of all every such son and sons
lawfully issuing the elder of such son and sons and the heirs Male of his and their Body and Bodys issuing being always to be preferred and to take before the younger of such son and sons and the
heirs Male of his and their Body and Bodys issuing and for default of such issue To the use and behoof of all and every the daughter and daughters of the Body of my said son John Christmas
lawfully begotten or to be begotten and to the heirs of the Body and Bodys of all and every such daughter and daughters lawfully issuing as Tenants in Common and not as Joint Tenants and for
default of such issue To the use and behoof of my second son Thomas Smith for and during the term of his natural life without impeachment of waste and from and after the determination of that
Estate by forfeiture or otherwise To the use and behoof of the said Thomas Hogg and his heirs during the life of my said son Thomas Upon Trust to preserve the uses and Estates hereinafter
limited from being defeated and destroyed and for that purpose to make entries and bring actions as the case shall require But nevertheless to permit and suffer my said son Thomas to receive
and take the rents Issues and profits of the said premises during his natural life and from and after his death To the use and behoof of the first son of the Body of my said son Thomas lawfully
begotten or to be begotten and to their heirs Male of the Body of such first son lawfully issuing and for default of such issue To the use and behoof of the second third fourth fifth sixth and all and every
other son and sons of the Body of my said son Thomas lawfully to be begotten severally successively and in remainder one after the other as they and every of them shall be in Seniority of age and
Priority of birth and to the heirs Male of the Body and Bodys of all and every such son and sons lawfully issuing the elder of such son and sons and the heirs Male of his and their Body and
Bodys issuing being always to be preferred and to take before the younger of such son and sons and the heirs Male of his and their Body and Bodys issuing and for default of such issue To the use and behoof of all and every the daughter and daughters of the Body of my said son Thomas lawfully begotten or to be begotten and to the heirs of the Body and Bodys of all and every such daughter and daughters lawfully issuing as Tenants in Common and not as Joint Tenants and for default of such issue To the use and behoof of my third son James Smith for and during the term of his natural life without impeachment of waste and from and after the determination of that Estate by forfeiture or otherwise To the use and behoof of the said Thomas Hogg and his heirs during the life of my said son James Upon Trust to preserve the uses and Estates hereinafter limited from being defeated and destroyed and for that purpose to make entries and bring actions as the case shall require But nevertheless to permit and suffer my said son James to receive and take the Rents Issues and profits of the said premises during his natural life and from and after his death To the use and behoof of the first son of the Body of my said son James lawfully begotten or to be begotten and to the heirs Male of the Body of such first son lawfully issuing and for default of such issue To the use and behoof of the second third fourth fifth sixth and all and every other son and sons of the Body of my said son James lawfully to be begotten severally successively and in remainder one after the other as they and every of them shall be in Seniority of age and Priority of birth and to the heirs Male of the Body and Bodys of all and every such son and sons lawfully issuing the Elder of such son or sons and the heirs Male of his and their Body and Bodys issuing being always to be preferred to take before the younger of such son and sons and their heirs Male of his and their Body and Bodys issuing and for default of such issue To the use and behoof of all and every the daughter and daughters of my said son James lawfully begotten or to be begotten and to their heirs of the Body and Bodys of all and every such daughter and daughters lawfully issuing as Tenants in Common and not as Joint Tenants and for default of such issue To the use and behoof of my fourth son William Smith for and during the term of his natural life without Impeachment of waste and from and after the determination of the Estate by forfeiture or otherwise To the use and behoof of the said Thomas Hogg and his heirs during the life of my said son William Upon Trust to preserve the uses and Estates hereinafter limited from being defeated and destroyed and for that purpose to make entries and bring actions as the case shall require
But nevertheless to permit and suffer my said son William to receive and take the Rents issues and profits of the said premises during his natural life and from and after his death To the use
and behoof of the first son of the Body of my said son William lawfully begotten or to be begotten and to the heirs Male of the Body of such first son lawfully issuing and for default of such issue
To the use and behoof of the second third fourth fifth sixth and all and every other son and sons of the Body of my said son William lawfully to be begotten severally successfully and in Remainder one after the
other as they and every of them shall be in Seniority of age and Priority of birth and to their heirs Male of the Body and Bodys of all and every such son and sons lawfully issuing the Elder of such son and
sons and the heirs Male of his and their Body and Bodys issuing always to be preferred and to take before the younger of such son or sons and the heirs Male of his and their Body and Bodys issuing
and for default of such issue To the use and behoof of all and every the daughter and daughters of the Body of my said son William lawfully begotten or to be begotten and to the heirs of the Body and Bodys of
all and every such daughter and daughters lawfully issuing as Tenants in Common and not as Joint Tenants and for default of such issue To the use and behoof of my youngest son Daniel Smith for and
during the term of his natural life without impeachment of waste and from and after the determination of that Estate by forfeiture or otherwise To the use and behoof of the said Thomas Hogg and his
heirs during the life of my said son Daniel Upon Trust to preserve the uses and Estates hereinafter limited from being defeated and destroyed and for that purpose to make entries and bring actions
as the case shall require But nevertheless to permit and suffer my said son Daniel to receive and take the Rents issues and profits of the said premises during his natural life and from and after
his death To the use and behoof of the first son of the Body of my said son Daniel lawfully to be begotten or to be begotten and to the heirs Male of the Body of such first son lawfully issuing and for default of
such issue To the use and behoof of the second third fourth fifth sixth and all and every other son and sons of the Body of my said son Daniel lawfully to be begotten severally successfully and in
(2)Remainder one after the other as they and every of them shall be in Seniority of age and Priority of birth and to the heirs Male of the Body and Bodys of all and every such son and sons lawfully
Issuing the Elder of such son and sons and the heirs Male of his and their Body and Bodys issuing being always preferred and to take before the younger of such son and sons
And the heirs Male of his and their Body and Bodys issuing and for default of such issue To the use and behoof of all and every
the daughter and daughters of the Body of my said son Daniel lawfully begotten or to bebegotten and to the heirs of the Body and Bodys of all and every such daughter and daughters lawfully issuing as Tenants in Common and not as Joint Tenants and for default of such issue to my own Right heirs
for ever provided always and I do hereby will and declare that it shall and may be lawfull to and for my said dear wife and also to and for my said sons John Christmas Smith, Thomas Smith, James
Smith, William Smith and Daniel Smith and every and each of them when and as they shall severally be in possession of my said Messuage and Tenement with the appurtenances called Perrins Dean by virtue
of the limitations hereinbefore expressed and contained by Indenture under her or his hand and seal to demise lease sett and lett
the same premises and every or any part thereof for any term or number ofyears not exceeding one and twenty years in possession but not in Reversion Remainder or Expectancy so as there be reserved upon every such lease to the person and persons who shall for the time being
be intitled to the said premises by virtue of the limitations aforesaid the best improved yearly Rent that can be gotten or procured for the same without taking any consideration by way of fine or other
Income for the same also so as none of the said leases be made disp[un]ishable of waste also so as there be contained in every of such lease or leases clause or clauses of Re-entry for non-payment of the Rent or Rents to be thereby reserved and so as the lessee and lessees seal and execute counterpart and counterparts of such lease and leases respectively Provided also and it is my will that it shall and
may be lawfull to and for my said sons John Christmas Smith, Thomas Smith, James Smith William Smith and Daniel Smith and every and each of them after they shall severally be in possession of the said Messuage
and Tenement called Perrins Dean by virtue of the limitations aforesaid from time to time and at any time during his life by any deed or Instrument in writing under his hand and seal and by him duly executed in
the presence of and attested by three credible witnesses or by his last will and testament in writing in like manner by him executed and attested to charge all and singular the said Messuage and Tenement hereinbefore
respectively limited to each of my said sons for his life as aforesaid to and with the payment of such portion or portions for his younger son and sons daughter and daughters Or for his daughter and daughters only
in case he shall leave no such younger son or sons payable at such time and times and in such manner shares and proportions and with such yearly sum and sums of money for maintenances as each of my said
sons after he shall be so in possession of the premises as aforesaid shall in his discretion think fit to limit and appoint to and for their portion and portions respectively so as such portion and portions shall not exceed in
The whole the sum of BLANK SPACE and that my said Trustee or Trustees shall stand seized of the said premises for the better raising of the said portion and portions and maintenance and for
that purpose to grant the same in mortgage If they shall think fitt so to do anything hereinbefore contained to the contrary thereof in anywise notwithstanding also I give unto the said Thomas Hogg and my
said dear wife Judith Rebecca Smith and their heirs all that my Messuage and Tenement with the appurtenances called or known by the name of Cheglinch situate lying and being in West Down aforesaid
and now in the occupation of my Tenant John Hearding and all that my field or close of land called or commonly known by the name of Gooseland situate lying and being in West Down aforesaid and now
in the occupation of my said Tenant John Hearding and all that my Messuage and Tenement with the appurtenances called or commonly known by the name of Rodaway situate lying and being within the
Parish of Morthoe in the said County and now in the occupation of my Tenant William Lewis To have and to hold the said Messuages Tenements and close of land called Cheglinch Gooseland and Rodaway
with their and every of their appurtenances unto the said Thomas Hogg and Judith Rebecca Smith their heirs and assigns To and for the several uses Intents and purposes following (that is to say) To the use
and behoof of her my said wife Judith Rebecca and her assigns for and during the term of her natural life without impeachment of or for any manner of waste with power to demise and lease the same at a
Rack Rent as before mentioned of my Messuage and Tenement called Perrins Dean and from and after the determination of that Estate To the use and behoof of my said four younger sons Thomas James William
and Daniel and their heirs and assigns for ever as Tenants in Common and not as Joint Tenants and in case any or either of my said sons shall happen to die in the lifetime of their said mother and without having any
issue behind him or them Then I give and devise the share or shares of him or them so dying in the said Messuages Tenements and close of land called Cheglinch Gooseland and Rodaway to the survivors or
survivor of them and their or his heirs and assigns for ever to take if they shall be two or more such survivors as Tenants in Common as before mentioned Provided always and it is my will that in case my
said dear wife Judith Rebecca Smith shall be minded and desirous at any time after my decease to sell and dispose of the fee of my said Messuages Tenements and close of land called Cheglinch Gooseland and
Rodaway or any or either of them or any part thereof I do hereby give grant will and transfer to them the said Thomas Hogg and Judith Rebecca Smith and their heirs full power and authority to grant alien bargain
Sell convey and assure the same to any person or persons and their heirs for ever in fee simple by all and every such lawfull ways and means in the law as to the said Thomas Hogg and Judith Rebecca Smith
or to their heirs executors or administrators or to his her or their councel learned in the law shall see fit or necessary and apply the moneys arising by such sale or sales in the purchase of capital stock in any
of the Publick funds or lend the same on any other Government or such other security as they in their discretion shall think fitt and permit and suffer her my said wife and her assigns to receive and take the dividend
and dividends interest benefit and increase thereof to her and their own use during the term of her natural life and from and after her decease to pay apply and divide all the principal moneys arising
by such sale and sales to and amongst my said four younger sons and the survivors or survivor of them in such and the same manner as I have given and devised to and directed my said Messuages Tenements and
close of land last mentioned in case the same are not sold to be divided among them any thing hereinbefore contained to the contrary notwithstanding Provided also and I do hereby will and direct that the purchaser
or purchasers of my said Messuages Tenements and close of land shall not be obliged to see the application of the purchase money as directed by this my will or be accountable or answerable for the misapplication
or non application thereof but the receipt or receipts of them the said Thomas Hogg and Judith Rebecca Smith their executors administrators or assigns shall be good and sufficient discharge and discharges to such
purchaser or purchasers respectively for their or his purchase money or purchase moneys and all the Rest and Residue of my Goods chattels personal and Testamentary Estate of what nature or kind so ever the
same be (my debts legacys and funeral expenses being first thereout paid and discharged and particularly such sum or sums of money as I by the said articles or settlement executed by me and my said dear wife
previous to our intermarriage are obliged to pay to and for the use of her and her issue and which I hereby direct her in the first place to retain out of such residue of my personal Estate if that shall be sufficient and
if not by and out of the purchase moneys to be raised by the sale of my said Messuages Tenements and closes of land called Cheglinch Gooseland and Rodaway or so much thereof as the residue of my said personal Estate shall
fall short of making good) I give and bequeath unto them the said Thomas Hogg and Judith Rebecca Smith whom I make whole and sole Executors of this my last will and testament In Trust nevertheless to permit and
suffer her my said wife to have and to hold and enjoy receive and take the use benefit interest and increase that shall be received or can be made of such Residuum of my personal Estate during her natural life and from and
after her death I will and direct that the same shall be equally divided to and among my said four younger sons in equal parts or portions or such of them as shall be living at the time of the death of my said wife
and in case either shall die in the lifetime of my said wife leaving issue living at her death I direct that the share or shares of him or them so dying and leaving such issue shall be paid unto or retained for the benefit of
such issue and I hereby order will and direct my said wife in her lifetime to maintain and educate and to set up in trades or professions my said four younger sons and to advance and pay for that purpose any sum
or sums of money out of their fortunes which will belong to them by virtue of this my will after her death and I also will and direct that a true and perfect Inventory of all my personal Estate and household
goods be taken as soon as conveniently may be after my decease and signed together with a duplicate thereof by my said wife and that one part thereof shall be kept by the said Thomas Hogg and the other by
my said wife and I earnestly intreat him the said Thomas Hogg to accept of and act in the Trust hereby in him reposed and to direct and manage the shares of my ships which I am intitled to with him
the same as he now does in partnership with me for the benefit of my said wife and younger sons and I desire and direct him to purchase out of my personal Estate an handsome Mourning Gold Ring
for himself to wear in remembrance of me and moreover it is my will that the said Thomas Hogg his Executors administrators and assigns shall not be answerable or accountable for any loss or
losses which shall or may happen in or about or relating to the Trust hereby in him reposed nor for the acts receipts payments defaults and miscarriages of her my said wife but for his own acts receipts
defaults and miscarriages and that it shall and may be lawfull to and for him and them to deduct and retain by and out of the rents issues and profits of the said Trust Estates and other the Trust premises all
such cost charges losses damages and reasonable expenses as he or they shall suffer sustain expend or be put unto in or about the execution or management of all and any the Trusts aforesaid or by reason
means or occasion of or anywise relating to this my will and lastly I do hereby revoke and absolutely make void all and every former or other will and wills by me made and I do publish and declare these presents to be and contain my last Will and Testament. In Witness whereof I have to the first skin of this my last will and testament set my hand and to the last skin (and also to a duplicate thereof of the same tenor and effect) set my hand and seal this fifteenth day of January in the year of our Lord one thousand seven hundred and seventy eight.
Signed sealed published and declared by the above named Edward Smith as and for his last Will and Testament in the presence of us three who at his request have set our names as witnesses hereunto in his presence and also in the presence of each other as we have done to a duplicate of the above written will at the same time (the words following to witt) Dear wife Judith Rebecca Smith / and from and after the deceases of them the said William Strange and Judith Rebecca my wife I hereby declare that the same Messuage and Tenement / on his executing a release to my executors hereinafter named of all his share or claim to all and every such sum or sums of money that he can or may have or make by virtue of the articles or settlement executed by me and my said wife previous to our intermarriage /lawfully/so/her/ being first interlined
Sam[uel] Lavington Tho[mas] [Arscott]? Henry Young E Smith
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